McGregor v. Town of Hastings

Judgment unanimously reversed, without costs, petition reinstated and matter remitted to Onondaga County Supreme Court for a hearing in accordance with the following memorandum: This proceeding was brought pursuant to CPLR article 78, to annul a determination of respondent board of appeals granting a setback variance to corespondent Adams, who is petitioner’s neighbor. Special Term dismissed the petition on the ground that the proceeding was not commenced within 30 days after the filing of the board of appeals’ decision in the office of the town clerk, as required by subdivision 7 of section…